U.S. Court of Appeals for the Fourth Circuit, 2017

Lamont Dorsey v. Jeffery Kiser

Lamont Dorsey v. Jeffery Kiser
U.S. Court of Appeals for the Fourth Circuit · Decided September 28, 2017 · Niemeyer, Traxler, Hamilton
697 F. App'x 783

Lamont Dorsey v. Jeffery Kiser

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Lamont Dorsey seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2012) petition for failure to comply with the court’s order. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because Dorsey may remedy the deficiency by refiling his petition using the correct forms, we conclude that the order Dorsey seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623 (4th Cir. 2015); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).

Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

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